Public Whip Count

October 30, 2007

The scales of ENDA

Posted by: Chris

One thing the "trans-or-bust" crowd doesn't seem to get is that whatever arguments they make about leaving trans workers behind also works in the opposite direction only with far more force. Let's weigh the two sides:

Pass the compromise ENDA:

Millions of GLB Americans get historic workplace protections.

Trans workers, who are much smaller in number, will remain partially protected by the long-standing Price Waterhouse precedent.

Full "gender identity" protection will wait until XX date, unknown, when Congress is ready to protect transgender workers.

Or we follow the trans-or-bust route:

Millions of GLB Americans are completely unprotected from workplace bias in 31 states.

Trans workers, who are much smaller in number, will remain partially protected by the long-standing Price Waterhouse precedent.

Full "gender identity" protection will wait until YY date, also unknown, when Congress is ready to protect transgender workers.

No one even knows if there is much of a difference between XX date and YY date, although apparently everyone assumes that both Congress and LGBT groups will work harder to pass T rights sooner if GLB rights come along with them. It's ridiculous to think that LGBT groups will show no interest in passing T protections after achieving LGB protections, considering more than 300 of these groups are already willing to forego GLB protections to win T protections.

As for Congress, if there is widespread resistance to transgender rights, how will tacking them on to GLB rights advance the ball? No one has made that case, instead focused on guilting GLB Americans into acting against their interest.